Each participant in the Referral Partner program offered by Bookstrap & Snazzy Promotions [NZ]. (the "Program Operator") at https://puzzlebookcompiler.com/ (the "website") expressly agrees to this Referral Partner agreement.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the Referral Partner program. By participating in the Referral Partner program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the Referral Partner program.
This agreement incorporates the Program Operator's Terms and Conditions of Use (located on this website) herein as if it were set forth in full.
This Referral Partner Agreement contains the terms and conditions that apply to an individual's or entity's participation in the Bookstrap & Snazzy Promotions [NZ] referral program Bookstrap. This Agreement covers the establishment of a Company Name Internet portal or "link" on the applicant's site on the World Wide Web (the "Internet" or "WWW").
Throughout this Agreement, Bookstrap & Snazzy Promotions [NZ] will be referred to as ("Company Name, "we" or "our" and the referral partner will be referred it as ("the Referral Partner", "you" or "your". Bookstrap & Snazzy Promotions [NZ]'s site on the WWW is referred to herein after as "our web site; your site on the WWW is referred to herein after as "your web site" or "Referral Partner Web Site".
To participate in Bookstrap & Snazzy Promotions [NZ]'s Program you must complete the online application form found on the site https://puzzlebookcompiler.com/ and agree to all the terms of this operating agreement. Bookstrap & Snazzy Promotions [NZ] may reject any application for any reason. Bookstrap & Snazzy Promotions [NZ] will reject any application to place its link on a web site that contains, in Bookstrap & Snazzy Promotions [NZ]'s sole discretion and opinion, any objectional content. Objectionable content includes content that is unlawful in any manner, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory, or is otherwise objectionable. Bookstrap & Snazzy Promotions [NZ] will also reject applications to place link on a web site that contains links to advertisements for web sites with objectionable content, gambling sites and casinos.
B. Dislpay of Bookstrap & Snazzy Promotions [NZ] Link
We will provide to you the technical specifications and other information and logo's necessary to establish Bookstrap & Snazzy Promotions [NZ] banner , link or Uniform Resource Locator ("URL") on your web site. You agree to display prominently Bookstrap & Snazzy Promotions [NZ] graphical image file as provided by Bookstrap & Snazzy Promotions [NZ] on one or more pages on your web site. You expressly agree that Bookstrap & Snazzy Promotions [NZ]'s name, trademark, logo or any other identifying material will appear on your web page (or on any other web page under your control) only in the form supplied by Bookstrap & Snazzy Promotions [NZ] . Bookstrap & Snazzy Promotions [NZ]'s graphical image file will provide a link only to a URL to which Bookstrap & Snazzy Promotions [NZ] has agreed. Bookstrap & Snazzy Promotions [NZ] may cancel this Agreement at any time if your display of Bookstrap & Snazzy Promotions [NZ] 's logo, trademark or other identifying material does not meet with Bookstrap & Snazzy Promotions [NZ] 's approcal. Upon notice from Bookstrap & Snazzy Promotions [NZ] you must immediately remove all references to Bookstrap & Snazzy Promotions [NZ] , including its name, logo, trademark, service mark, owners name or any other identifying material from your web site immediately.
C. Referral Commissions
For each customer who visits Bookstrap & Snazzy Promotions [NZ]'s web site through the link at your web site, or is referred to Bookstrap & Snazzy Promotions [NZ] in writing or by email and who purchases Bookstrap & Snazzy Promotions [NZ] products (Products) from Bookstrap & Snazzy Promotions [NZ] as a result of such link or referral, Bookstrap & Snazzy Promotions [NZ] will pay to you a one time referral commission, ("referral fee"), of $ or % per customer account that is billed and collected by Bookstrap & Snazzy Promotions [NZ]. Referral commissions will be paid to Referral Partner days from the last day of the month in which customers are billed and collected by Bookstrap & Snazzy Promotions [NZ]. Accounts not meeting these criteria will not be eligible for a referral commission. Bookstrap & Snazzy Promotions [NZ], at Bookstrap & Snazzy Promotions [NZ]'s sole discretion, may refuse any customer. All qualifying referral commissions will be direct credited; paid directly into your designated Paypal account or paid directly to you by Clickbank, or JVZoo, depending on the payment processor used for the sale of the product, goods or service at the time of purchase by the customer. NO referral commissions (referral fee's) shall be payable on purchases or sales made by yourself through your own Referral Partner link.
Bookstrap & Snazzy Promotions [NZ] reserves the right to claw back, with-hold and/or deduct any refundable commissions from any/all referral commissions (fee's) paid on any/ all refunded purchases. If Referral Partner is no longer active Bookstrap & Snazzy Promotions [NZ] reserves the right to actively seek compensation by sending a Statement/Invoice for the commissions previously paid to the Referral Partner in good faith and duly be paid promptly by the Referral Partner. Any sales/purchases by customers that have a claw back period or within a refundable period will not be a commissionable sale(s), therefore no commissions will be payable. Also Refer to clause D.
D. Payment of Referral Commissions/Fee's
All Referral Commissions/Fee's are payable less any processing fee's charged by or incurred through using an Online Payment Processor to bill, charge and collect the applicable purchase/sale price. In other words the Referral Commissions/Fee's are payable on the net purchase/sales figure and not the listed gross amount as the intended Retail/Discounted or Wholesale Price as listed on the Bookstrap & Snazzy Promotions [NZ] sales/pitch page.
Unless otherwise stated in your personal and private members area of Bookstrap & Snazzy Promotions [NZ] the commissions payable will be calculated at the agreed amount of $ or % as a Referral Partner or designated membership level on the NET proceeds as stated above and listed clearly in your private Referral Partner/members area of the payment processor used for the sale of the product, goods or service at the time of purchase by the customer, with the express exception if Paypal.com is directly used by Bookstrap & Snazzy Promotions [NZ] as the designated online payment processor.
Paypal.com Referral Commissions/Fee's become payable when the Referral Partner's account reaches a minimum payment threshold of $100 and are subject to the following criteria being met.
Referral Commissions/Fee's are paid within 30 days from the end of the month in which the sale becomes free and unencumbered from any/all portions being refundable. In other words no Referral Commissions/Fee's shall be paid until 30 days after the refund period of 60 days.
For example: A commissionable Sale was made on 1st February, refund period expires 60 days; Referral Commissions/Fee's are due and payable on the 15th day of the month following; in which the sale becomes free and unencumbered from any/all portions being refundable, then the Referral Commissions/Fee becames eligible to be paid.
If any Referral Commissions/Fee's paid are subsequently part of a refund within our acceptable refund period of 60 days then any Referral Commissions/Fee's shall immediately be recoverable from the Referral Partner's balance unless the refundable amount is more than the Referral Partner's account balance is, in which case the refundable amount will be deducted from any and all future Referral Commissions/Fee's payable. In such a case that the Referral Partner's account is or becames inactive then the Referral Partner's will be liable for the repayment of the commission amount paid in full immediately.
Referral Commissions/Fee's are not paid for any and all sales for which payment has not been received, processed or for any transaction that has been cancelled or rejected for any reason.
Bookstrap & Snazzy Promotions [NZ] is not responsible for paying interest to Referral Partner's for accrued but not yet delivered Referral Commissions/Fee payments.
If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no Referral Commissions/Fee payment is due to the Referral Partner. If a Referral Commissions/Fee has already been paid, then it will be deducted from an active Referral Partner's future Referral Commissions/Fee's.
All Referral Commissions/Fee's are paid by the payment processor used for the sale of the product, goods or service at the time of purchase by the customer. Referral Partner's requesting bank drafts will have a processing fee of deducted from the check. This fee may change at any time.
Each Referral Partner is responsible for selecting the payment processor, through which to receive their Referral Commissions/Fee, from the payment processors supported by the Program Operator. If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, the Program Operator is not responsible for you not receiving the money. Each Referral Partner is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by the Program Operator. This election is entirely made by the Referral Partner and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor elected by the Referral Partner, or the Referral Partner's lack of ability to then conform to the payment processors or processes supported by the Program Operator. The Program Operator assumes no responsibility for a Referral Partner not electing a payment processor. If a Referral Partner fails to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted.
If the Referral Partner Program is being run through our designated processor "JVZoo" then any and all Referral Partner Agreements and Payment of Referral Commissions/Fee's will be solely at the discretion of JVZoo JV Partner Agreement set in place at the time of registering and you must agree to their terms and conditions of being a Referral Partner for the Sale of any and all products being marketed by JVZoo through their Marketplace. To read the JV Partner Agreement, you must first register as an affiliate of JVZoo and then specifically request to become an affiliae of our Product(s).
If the Referral Partner Program is being run through our designated processor "Clickbank" then any and all Referral Partner Agreements and Payment of Referral Commissions/Fee's will be solely at the discretion of Clickbank JV Partner Agreement set in place at the time of registeringand you must agree to their terms and conditions of being a Referral Partner for the Sale of any and all products being marketed by Clickbank through their Marketplace. You can read about promoting as a Referral Partner for Clickbank here
If for any reason this Agreement is terminated prior to your first referral commission being due and the account balance does not exceed $100, then no referral commissions will be due. If this Agreement is terminated after the first referral commission is due and payable or has been paid, then any referral commission balances in your account will be paid to you within approximately 90 days from the end of the month in which the Agreement was terminated.
E. PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the customer. Then, all payment processor fees are deducted. The remaining amount is a commissionable sale. The commission rate listed on the website is then applied to determine the amount due the Referral Partner. Any sums paid for payment processor fees are not commissionable. The Program Operator may also charge a per transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
F. INCOME TAX LIABILITIES
Each Referral Partner acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of the United States, the Program Operator will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to the United States Internal Revenue Service laws (also known as the United States Tax Code) and other applicable laws. It is the Referral Partner's sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the Tax Code and other applicable laws.
G. Customer Privacy
Once a customer provides Bookstrap & Snazzy Promotions [NZ] with customer information, that customer will be deemed to be a customer of Bookstrap & Snazzy Promotions [NZ] for all tense and purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. Bookstrap & Snazzy Promotions [NZ] may change any of its policies or procedures at any time, in accordance with applicable law by updating said policies online at https://puzzlebookcompiler.com//disclaimers/disclaimers.php.
Bookstrap & Snazzy Promotions [NZ] may be subject to rules and regulations; including without limitations, the Privacy Statement on Bookstrap & Snazzy Promotions [NZ]'s web site, which specifies how Bookstrap & Snazzy Promotions [NZ] may or may not treat a customer's personal information. You understand that Bookstrap & Snazzy Promotions [NZ]'s web site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold harmless Bookstrap & Snazzy Promotions [NZ] (in accordance with and to the governing law of your Country, State, Territory or Province) from any of your violations of a customer's privacy rights.
H. Sales Reports
Can be obtained by logging into the designated payment processors website.
I. License Agreement
Upon our acceptance of your application we will grant to you a limited, revocable, nonexclusive, non-transferable, non-assignable right to use Bookstrap & Snazzy Promotions [NZ]'s icon, logo and other images and materials relating to Bookstrap & Snazzy Promotions [NZ] (the "license"), which Bookstrap & Snazzy Promotions [NZ] provides to you for the limited purpose of fulfilling this agreement. You may not modify any of Bookstrap & Snazzy Promotions [NZ]'s images, including, but not limited to its icon or logo. This License is subject to the terms and conditions of this Agreement and is limited to the sole purpose of participating in the Bookstrap, promoting Bookstrap & Snazzy Promotions [NZ]'s products and services on your web site, and for no other purpose. Bookstrap & Snazzy Promotions [NZ] expressly reserves all of its rights in and to its trademarks, trade names, icon, logos and other intellectual property. Bookstrap & Snazzy Promotions [NZ] may revoke this license at any time by giving you written notice by email or by way of updating the Bookstrap & Snazzy Promotions [NZ]'s web site.
J. Site Maintenance
You are solely responsible for the maintenance of your web site. Bookstrap & Snazzy Promotions [NZ]'s web site has no responsibility for the development, operation or maintenance of your web site. You are solely responsible for all technical operations of your web site, including, without limitations, ensuring that your web site does not contain libellous or objectionable material, and ensuring that all material on your web site is legal and does not infringe in the rights of any third party(including copyright or trademark rights) or the rights of any customer. Bookstrap & Snazzy Promotions [NZ]'s web site is not responsible for abny of these duties and you agree eto defend, indemnify and hold harmless and safe Bookstrap & Snazzy Promotions [NZ]'s web site, its directors, officers, employees and representatives from and against any and all claims, actions, casuses of action, damages, injuries, expenses including attoeney fee's relating to the development, operation, content and maintenance of your web site, including, without limitation, any breach of a customer's privacy rights or any unauthorized uase by you of Bookstrap & Snazzy Promotions [NZ]'s web site's icon, logo and other images and materials relating to Bookstrap & Snazzy Promotions [NZ].
This agreement is effective at the time your application is, at the sole discretion of Bookstrap & Snazzy Promotions [NZ]., accepted by Bookstrap & Snazzy Promotions [NZ]. and you are notified of such acceptance either in writing or electronically, (via email). Either party, with or without cause, may terminate this Agreement by giving the other party days written notice of the intention to terminate this Agreement either by post or electronically. The date shall be deemed to be that of the actual physical date/post stamp or the digital sent date stamp recorded by your email client as the date and time of the email message being sent. Referral commissions will be paid only on sales/purchases made by customers that are outside the refundable date as per clause C and D. Any sales/purchases by customers that have a claw back period or within a refundable period will not be a commissionable sale(s), therefore no commissions will be payable. Upon termination of this Agreement, your License will expire immediately and any commissions payable will be forfeited without recourse.
L. Modification of Agreement
Bookstrap & Snazzy Promotions [NZ] may modify this Agreement at any time by posting a change on our web site or notifying you by email. Bookstrap & Snazzy Promotions [NZ]. may change any of the terms and conditions of this Agreement . Modifications may include, but are not limited, to changes in the referral commission structure, payment procedures and Bookstrap & Snazzy Promotions [NZ] Referral Partner Program rules. If any modification is unacceptable to you then your only recourse is to terminate this Agreement forthwith. Your continual participation in the Bookstrap & Snazzy Promotions [NZ] Referral Partner Program following our posting of a change notice or new Agreement on our site will constitute a full and binding acceptance of the change(s).
M. Modification of Banner
Bookstrap & Snazzy Promotions [NZ], at its sole discretion, may change the "look and feel" of the banner(s) or link(s) that you have placed on your web site without any consultation or notice of its intention to do so. Bookstrap & Snazzy Promotions [NZ] will direct you to an area on its web site where other banners will be available for downloading and serving from your own host. Any and all images must be hosted on your own web site hosting servers and not by hot lining to our images unless stated otherwise within your personal and private members area.
N. Relationship of Parties
You and Bookstrap & Snazzy Promotions [NZ] are independent contractors for all sense and purposes. Nothing in the Agreement will create or imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to act on Bookstrap & Snazzy Promotions [NZ]'s behalf. Your display of Bookstrap & Snazzy Promotions [NZ]'s logo and/or trademark as well as all other content on your web site, or any direct contact you have with any customer or customer account applicant must not contradict this fact.
You shall not create, publish, distribute, or permit any writing or electronic material that makes references to Bookstrap & Snazzy Promotions [NZ] without first submitting such material to us for perusal and acceptance, without written permission in all instances.
P. Limitation of Liabilty
We will not be held liable for any indirect, direct, special or consequential damages (or loss of revenue, profits, or data arising in conjunction to/with this Agreement), even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable, whichever is the lesser, to you under this Agreement.
We make no express or implies wasrraties or representations with respect to the Program or this Agreement or any products or services sold by Bookstrap & Snazzy Promotions [NZ]. In addition, we make no representations that the operations fo our web site will be uninterrupted or error free and we will not be liable for the consequences of any such interruption and/or of errors.
R. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State/Country of New Zealand, without giving effect to any principles of conflict of law. Whangarei, New Zealand shall be the proper place of venue for all suits to enforce this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought EXCLUSIVELY in the District Courts of , Whangarei New Zealand.
i) If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No Referral Partner may assign or sublicense this agreement without the Program Operator's prior written consent.
ii) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by a Referral Partner will be payable by the Referral Partner. Any sums not collected from the Referral Partner or Referral Partner's customer are not commissionable, and any fees incurred during processing or handling of sales made by the Referral Partner will be deducted in whole from any commissions due to the Referral Partner. Further, in the event that the commissions due the Referral Partner are insufficient to cover any sums, the Referral Partner agrees to pay the full amount to the Program Operator.
iii) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
iv) To the extent you have in any manner violated or threatened to violate the Program Operator's intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in Anne Arundel County, MD, United States of America and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator's right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
v) This Agreement shall be governed and construed in accordance with the laws of Whangarei, New Zealand applicable to agreements made and to be performed in Whangarei, New Zealand. You agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties' obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each party.
vi) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in Whangarei, New Zealand under the commercial rules of the Arbitrators' and Mediators' Institute of New Zealand. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
vii) Any cause of action or claim you may have with respect to the website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Program Operator's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. The Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
viii) The Program Operator may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
ix) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
x) Should this Referral Partner program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program, without recourse. If the payment processors utilized by the Program Operator determine that sales made through Referral Partners cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that the Program Operator will always offer any Referral Partner program, or this Referral Partner program, for all products, services, and/or opportunities sold by the Program Operator on the websites or that the Program Operator will offer any Referral Partner program whatsoever.
Bookstrap & Snazzy Promotions [NZ]
5/37 Western Hills Drive
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